Menachy vs Gnanapracassam – clr volume 2 page 097

In the case between the purchaser from Ramen Chetty (plaintiff) and the purchaser at the fiscal’s sale (defendant), the court addressed whether an order under sections 242, 244, 245, and 247 of the Civil Procedure Code, disallowing a late claim to seized land, is conclusive both as to possession and title. It was determined that such an order, made without investigation due to the claim being out of time, operates as a conclusive adjudication, barring any further claim by the disallowed claimant or privies. The legal principle reaffirmed is that an order of this nature serves as res judicata not just on possession, but on the title conferred by the fiscal’s sale. The holding underscores the intent of the Code to prevent dilatory and vexatious litigation over execution sales, validating the